HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50361
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PLANNING COMMISSION RESOLUTION NO. 5036
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PLAN-NED INDUSTRIAL PERMIT, PIP 01-03, TO SUBDIVIDE
70.6 ACRES INTO 12 LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD
BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: PALOMAR FORUM
CASE NO.: PIP 01-03
WHEREAS, Davis Partners, LLC, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Palomar Forum Associates, LP,
“Owner”, described as
Portions of Sections 13 and 18, Township 12 South, Range 4
West, San Bernardino Meridian, and all that portion of Section
18, Township 12 South, Range 3 West, San Bernardino
Meridian, in the City of Carlshad, County of San Diego, State
of California, according to the plat thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Industrial
Permit shown on Exhibit(s) “A” - “CC” dated August 15, 2001, on file in the Planning
Department, PALOMAR FORUM - PIP 01-03, as provided by Chapter 21.34 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August, 2001 and
on the 3rd day of October 2001, and on the 17th day of October 2001 hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A> That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PALOMAR FORUM - PIP 01-03, based on the following
findings and subject to the following conditions:
Findings:
1. That the site indicated by the Planned Industrial Permit is adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by Chapter 21.34 of the Carlsbad Municipal
Code, in that the proposed industrial subdivision is consistent with development and
design criteria for lot size and configuration and includes a safe and efficient
internal circulation system.
2. That the improvements indicated on the Planned Industrial Permit are located in such a
manner to be related to existing and proposed streets and highways, in that the additional
roadways (Melrose Drive, Poinsettia Avenue, and Faraday Avenue) and capacity
(Palomar Airport Road) will provide for additional routes of travel, reduce conflict
on roadways, and facilitate alternate modes of transportation.
3. That the improvements as shown on the Planned Industrial Permit are consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth Chapter 21.34 of the Carlsbad Municipal Code, in that the
industrial subdivision will result in a high quality industrial park that is consistent
with applicable landscaped setbacks, lot size and configuration, compatible with
surrounding land uses and circulation patterns, and provides an internal street
system that is safe and efficient with three points of access from circulation arterial
roadways.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, GPA 01-07,
ZC 01-06, CT 99-06, and HDP 99-03, and is subject to all conditions contained in
Planning Commission Resolutions 5031, 5032, 5033, 5034, and 5035 for those other
approvals.
2. Development of industrial buildings on each industrial lot created by CT 99-06 shall
require a separate Planned Industrial Permit that shall be subject to all conditions
of CT 99-06 and the Mitigation Monitoring and Reporting Program contained in Planning Commission Resolutions 5031 and 5034.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
PC RESO NO. 5036 -2-
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MICHAEL J. H&ZMII.!f?ER
Planning Director
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of October, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAM:
:
CARLSBAD PLANNING COMMISSION
PC RESO NO. 5036 -3-